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(영문) 수원지방법원 2017.09.15 2016가합74213
매매대금반환
Text

1. As to the Plaintiff’s KRW 96,080,893 and KRW 19,738,505 among them, the Defendant shall pay to the Plaintiff KRW 76,342,38.

Reasons

1. Basic facts

A. B The conclusion of the sales contract in lots and the payment of loans in installments to financial institutions by Doshe and each individual, and the intermediate payment from which they received loans from financial institutions, shall be deposited to the Defendant on the date of payment specified above, and the overdue interest shall be borne upon the expiration of the due date in accordance with the overdue interest rate specified in this

Article 3 (Liability for Interest on Loan) (1) The apartment of this case mediates the Defendant’s loan of intermediate payment through a financial institution.

Article 4 (Cancellation of Contract) (1) When the plaintiff and the defendant commit any of the following acts, they may cancel this contract after peremptory notice, if not performed:

(3) When the balance has not been paid within three months from the expiration date of the period of designation of occupancy. (4) Where the plaintiff receives a loan from a financial institution under a guarantee or agreement of the defendant and pays it as sales price, where the lending financial institution requests the defendant to repay the principal and interest of loan due to the default of the loan, other reasons, etc., the defendant shall set a grace period of not less than 14 days and notify the defendant not less than two times, and the defendant may cancel this contract if the plaintiff fails to pay it even at the highest time. In such cases, the defendant may refund the remainder after deducting the penalty from

The plaintiff can cancel the contract if he can not move into within three months from the scheduled date of move into due to the reasons attributable to the defendant.

Applicant When there is a change in address after the conclusion of this contract, the plaintiff shall notify the defendant in writing within 10 days.

If the defendant's notification of rescission of the contract to the plaintiff is not implemented, it shall be presumed that the contract takes effect upon the lapse of 15 days after the dispatch to the previous domicile, and the disadvantage of the plaintiff is not attributable to the defendant.

(b).

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